Bill Text: FL S0674 | 2014 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Background Screening
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2014-06-13 - Chapter No. 2014-84 [S0674 Detail]
Download: Florida-2014-S0674-Comm_Sub.html
Bill Title: Background Screening
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2014-06-13 - Chapter No. 2014-84 [S0674 Detail]
Download: Florida-2014-S0674-Comm_Sub.html
Florida Senate - 2014 CS for SB 674
By the Committee on Health Policy; and Senator Bean
588-01762-14 2014674c1
1 A bill to be entitled
2 An act relating to background screening; amending s.
3 322.142, F.S.; authorizing the Department of Highway
4 Safety and Motor Vehicles to share reproductions of
5 driver license images with the Department of Health
6 and the Agency for Health Care Administration for
7 specified purposes; amending s. 408.806, F.S.;
8 revising the requirements for licensure; revising a
9 provision requiring an affidavit; amending s. 408.809,
10 F.S.; exempting a person whose fingerprints are
11 already enrolled in a certain Federal Bureau of
12 Investigation program from the requirement that such
13 fingerprints be forwarded to the bureau; requiring
14 certain persons to submit their fingerprints
15 electronically; requiring the Department of Law
16 Enforcement to retain fingerprints when the department
17 begins participation in a certain program; revising
18 requirements for proof of compliance with level 2
19 screening standards; revising terminology; adding
20 additional disqualifying offenses to background
21 screening requirements; amending s. 413.208, F.S.;
22 providing applicability for background screening
23 requirements for certain registrants; repealing s. 7
24 of chapter 2012-73, Laws of Florida, relating to
25 background screening requirements; amending s. 435.04,
26 F.S.; revising information to be required for vendors
27 submitting employee fingerprints; adding an additional
28 disqualifying offense to background screening
29 requirements; amending s. 435.05, F.S.; revising a
30 provision requiring the annual submission of an
31 affidavit; amending s. 435.07, F.S.; revising criteria
32 for an exemption from disqualification for an employee
33 under certain conditions; amending s. 435.12, F.S.;
34 requiring the fingerprints of an employee required to
35 be screened by a specified agency and included in the
36 clearinghouse also to be retained in the national
37 retained print arrest notification program at a
38 specified time; requiring simultaneous submission of a
39 photographic image and electronic fingerprints to the
40 Care Provider Background Screening Clearinghouse;
41 requiring an employer to follow certain criminal
42 history check procedures and include specified
43 information regarding referral and registration of an
44 employee for electronic fingerprinting with the
45 clearinghouse; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Subsection (4) of section 322.142, Florida
50 Statutes, is amended to read:
51 322.142 Color photographic or digital imaged licenses.—
52 (4) The department may maintain a film negative or print
53 file. The department shall maintain a record of the digital
54 image and signature of the licensees, together with other data
55 required by the department for identification and retrieval.
56 Reproductions from the file or digital record are exempt from
57 the provisions of s. 119.07(1) and may shall be made and issued
58 only:
59 (a) For departmental administrative purposes;
60 (b) For the issuance of duplicate licenses;
61 (c) In response to law enforcement agency requests;
62 (d) To the Department of Business and Professional
63 Regulation and the Department of Health pursuant to an
64 interagency agreement for the purpose of accessing digital
65 images for reproduction of licenses issued by the Department of
66 Business and Professional Regulation or the Department of
67 Health;
68 (e) To the Department of State pursuant to an interagency
69 agreement to facilitate determinations of eligibility of voter
70 registration applicants and registered voters in accordance with
71 ss. 98.045 and 98.075;
72 (f) To the Department of Revenue pursuant to an interagency
73 agreement for use in establishing paternity and establishing,
74 modifying, or enforcing support obligations in Title IV-D cases;
75 (g) To the Department of Children and Families pursuant to
76 an interagency agreement to conduct protective investigations
77 under part III of chapter 39 and chapter 415;
78 (h) To the Department of Children and Families pursuant to
79 an interagency agreement specifying the number of employees in
80 each of that department’s regions to be granted access to the
81 records for use as verification of identity to expedite the
82 determination of eligibility for public assistance and for use
83 in public assistance fraud investigations;
84 (i) To the Agency for Health Care Administration pursuant
85 to an interagency agreement for the purpose of verifying
86 photographs in the Care Provider Background Screening
87 Clearinghouse authorized under s. 435.12;
88 (j)(i) To the Department of Financial Services pursuant to
89 an interagency agreement to facilitate the location of owners of
90 unclaimed property, the validation of unclaimed property claims,
91 and the identification of fraudulent or false claims;
92 (k)(j) To district medical examiners pursuant to an
93 interagency agreement for the purpose of identifying a deceased
94 individual, determining cause of death, and notifying next of
95 kin of any investigations, including autopsies and other
96 laboratory examinations, authorized in s. 406.11; or
97 (l)(k) To the following persons for the purpose of
98 identifying a person as part of the official work of a court:
99 1. A justice or judge of this state;
100 2. An employee of the state courts system who works in a
101 position that is designated in writing for access by the Chief
102 Justice of the Supreme Court or a chief judge of a district or
103 circuit court, or by his or her designee; or
104 3. A government employee who performs functions on behalf
105 of the state courts system in a position that is designated in
106 writing for access by the Chief Justice or a chief judge, or by
107 his or her designee.
108 Section 2. Subsections (1) and (8) of section 408.806,
109 Florida Statutes, are amended to read:
110 408.806 License application process.—
111 (1) An application for licensure must be made to the agency
112 on forms furnished by the agency, submitted under oath or
113 attestation, and accompanied by the appropriate fee in order to
114 be accepted and considered timely. The application must contain
115 information required by authorizing statutes and applicable
116 rules and must include:
117 (a) The name, address, and social security number, or
118 individual taxpayer identification number if a social security
119 number cannot legally be obtained, of:
120 1. The applicant;
121 2. The administrator or a similarly titled person who is
122 responsible for the day-to-day operation of the provider;
123 3. The financial officer or similarly titled person who is
124 responsible for the financial operation of the licensee or
125 provider; and
126 4. Each controlling interest if the applicant or
127 controlling interest is an individual.
128 (b) The name, address, and federal employer identification
129 number or taxpayer identification number of the applicant and
130 each controlling interest if the applicant or controlling
131 interest is not an individual.
132 (c) The name by which the provider is to be known.
133 (d) The total number of beds or capacity requested, as
134 applicable.
135 (e) The name of the person or persons under whose
136 management or supervision the provider will operate and the name
137 of the administrator, if required.
138 (f) If the applicant offers continuing care agreements as
139 defined in chapter 651, proof shall be furnished that the
140 applicant has obtained a certificate of authority as required
141 for operation under chapter 651.
142 (g) Other information, including satisfactory inspection
143 results, that the agency finds necessary to determine the
144 ability of the applicant to carry out its responsibilities under
145 this part, authorizing statutes, and applicable rules.
146 (h) An attestation affidavit, under penalty of perjury, as
147 required in s. 435.05(3), stating compliance with the provisions
148 of this section and chapter 435.
149 (8) The agency may establish procedures for the electronic
150 notification and submission of required information, including,
151 but not limited to:
152 (a) Licensure applications.
153 (b) Required signatures.
154 (c) Payment of fees.
155 (d) Notarization or attestation of applications.
156
157 Requirements for electronic submission of any documents required
158 by this part or authorizing statutes may be established by rule.
159 As an alternative to sending documents as required by
160 authorizing statutes, the agency may provide electronic access
161 to information or documents.
162 Section 3. Subsections (2) and (4) of section 408.809,
163 Florida Statutes, are amended to read:
164 408.809 Background screening; prohibited offenses.—
165 (2) Every 5 years following his or her licensure,
166 employment, or entry into a contract in a capacity that under
167 subsection (1) would require level 2 background screening under
168 chapter 435, each such person must submit to level 2 background
169 rescreening as a condition of retaining such license or
170 continuing in such employment or contractual status. For any
171 such rescreening, the agency shall request the Department of Law
172 Enforcement to forward the person’s fingerprints to the Federal
173 Bureau of Investigation for a national criminal history record
174 check unless the person’s fingerprints are enrolled in the
175 Federal Bureau of Investigation’s national retained print arrest
176 notification program. If the fingerprints of such a person are
177 not retained by the Department of Law Enforcement under s.
178 943.05(2)(g) and (h), the person must submit fingerprints
179 electronically file a complete set of fingerprints with the
180 agency and the agency shall forward the fingerprints to the
181 Department of Law Enforcement for state processing, and the
182 Department of Law Enforcement shall forward the fingerprints to
183 the Federal Bureau of Investigation for a national criminal
184 history record check. The fingerprints shall may be retained by
185 the Department of Law Enforcement under s. 943.05(2)(g) and (h)
186 and enrolled in the national retained print arrest notification
187 program when the Department of Law Enforcement begins
188 participation in the program. The cost of the state and national
189 criminal history records checks required by level 2 screening
190 may be borne by the licensee or the person fingerprinted. Until
191 a specified agency is fully implemented the person’s background
192 screening results are retained in the clearinghouse created
193 under s. 435.12, the agency may accept as satisfying the
194 requirements of this section proof of compliance with level 2
195 screening standards submitted within the previous 5 years to
196 meet any provider or professional licensure requirements of the
197 agency, the Department of Health, the Department of Elderly
198 Affairs, the Agency for Persons with Disabilities, the
199 Department of Children and Families Family Services, or the
200 Department of Financial Services for an applicant for a
201 certificate of authority or provisional certificate of authority
202 to operate a continuing care retirement community under chapter
203 651, provided that:
204 (a) The screening standards and disqualifying offenses for
205 the prior screening are equivalent to those specified in s.
206 435.04 and this section;
207 (b) The person subject to screening has not had a break in
208 service from a position that requires level 2 screening for more
209 than 90 days; and
210 (c) Such proof is accompanied, under penalty of perjury, by
211 an attestation affidavit of compliance with the provisions of
212 chapter 435 and this section using forms provided by the agency.
213 (4) In addition to the offenses listed in s. 435.04, all
214 persons required to undergo background screening pursuant to
215 this part or authorizing statutes must not have an arrest
216 awaiting final disposition for, must not have been found guilty
217 of, regardless of adjudication, or entered a plea of nolo
218 contendere or guilty to, and must not have been adjudicated
219 delinquent and the record not have been sealed or expunged for
220 any of the following offenses or any similar offense of another
221 jurisdiction:
222 (a) Any authorizing statutes, if the offense was a felony.
223 (b) This chapter, if the offense was a felony.
224 (c) Section 409.920, relating to Medicaid provider fraud.
225 (d) Section 409.9201, relating to Medicaid fraud.
226 (e) Section 741.28, relating to domestic violence.
227 (f) Section 777.04, relating to attempts, solicitation, and
228 conspiracy to commit an offense listed in this subsection.
229 (g)(f) Section 817.034, relating to fraudulent acts through
230 mail, wire, radio, electromagnetic, photoelectronic, or
231 photooptical systems.
232 (h)(g) Section 817.234, relating to false and fraudulent
233 insurance claims.
234 (i) Section 817.481, relating to obtaining goods by using a
235 false or expired credit card or other credit device, if the
236 offense was a felony.
237 (j) Section 817.50, relating to fraudulently obtaining
238 goods or services from a health care provider.
239 (k)(h) Section 817.505, relating to patient brokering.
240 (l)(i) Section 817.568, relating to criminal use of
241 personal identification information.
242 (m)(j) Section 817.60, relating to obtaining a credit card
243 through fraudulent means.
244 (n)(k) Section 817.61, relating to fraudulent use of credit
245 cards, if the offense was a felony.
246 (o)(l) Section 831.01, relating to forgery.
247 (p)(m) Section 831.02, relating to uttering forged
248 instruments.
249 (q)(n) Section 831.07, relating to forging bank bills,
250 checks, drafts, or promissory notes.
251 (r)(o) Section 831.09, relating to uttering forged bank
252 bills, checks, drafts, or promissory notes.
253 (s)(p) Section 831.30, relating to fraud in obtaining
254 medicinal drugs.
255 (t)(q) Section 831.31, relating to the sale, manufacture,
256 delivery, or possession with the intent to sell, manufacture, or
257 deliver any counterfeit controlled substance, if the offense was
258 a felony.
259 (u) Section 895.03, relating to racketeering and collection
260 of unlawful debts.
261 (v) Section 896.101, relating to the Florida Money
262 Laundering Act.
263 Section 4. Subsection (5) is added to section 413.208,
264 Florida Statutes, to read:
265 413.208 Service providers; quality assurance; fitness for
266 responsibilities; background screening.—
267 (5) The background screening requirements of this section
268 apply only to registrations entered into or renewed with the
269 division after the Care Provider Background Screening
270 Clearinghouse becomes operational and retains the background
271 screening results in the clearinghouse under s. 435.12.
272 Section 5. Section 7 of chapter 2012-73, Laws of Florida,
273 is repealed.
274 Section 6. Paragraph (e) of subsection (1) of section
275 435.04, Florida Statutes, is amended, present paragraphs (d)
276 through (yy) of subsection (2) are redesignated as paragraphs
277 (e) through (zz), respectively, and a new paragraph (d) is added
278 to that subsection, to read:
279 435.04 Level 2 screening standards.—
280 (1)
281 (e) Vendors who submit fingerprints on behalf of employers
282 must:
283 1. Meet the requirements of s. 943.053; and
284 2. Have the ability to communicate electronically with the
285 state agency accepting screening results from the Department of
286 Law Enforcement and provide the applicant’s full first name,
287 middle initial, and last name; social security number; date of
288 birth; mailing address; sex; and race. Individuals, persons,
289 applicants, and controlling interests that cannot legally obtain
290 a social security number must provide an individual taxpayer
291 identification number a photograph of the applicant taken at the
292 time the fingerprints are submitted.
293 (2) The security background investigations under this
294 section must ensure that no persons subject to the provisions of
295 this section have been arrested for and are awaiting final
296 disposition of, have been found guilty of, regardless of
297 adjudication, or entered a plea of nolo contendere or guilty to,
298 or have been adjudicated delinquent and the record has not been
299 sealed or expunged for, any offense prohibited under any of the
300 following provisions of state law or similar law of another
301 jurisdiction:
302 (d) Section 777.04, relating to attempts, solicitation, and
303 conspiracy to commit an offense listed in this subsection.
304 Section 7. Subsection (3) of section 435.05, Florida
305 Statutes, is amended to read:
306 435.05 Requirements for covered employees and employers.
307 Except as otherwise provided by law, the following requirements
308 apply to covered employees and employers:
309 (3) Each employer licensed or registered with an agency
310 must conduct level 2 background screening and must submit to the
311 agency annually or at the time of license renewal, under penalty
312 of perjury, a signed attestation affidavit attesting to
313 compliance with the provisions of this chapter.
314 Section 8. Subsections (1) and (2) of section 435.07,
315 Florida Statutes, are amended to read:
316 435.07 Exemptions from disqualification.—Unless otherwise
317 provided by law, the provisions of this section apply to
318 exemptions from disqualification for disqualifying offenses
319 revealed pursuant to background screenings required under this
320 chapter, regardless of whether those disqualifying offenses are
321 listed in this chapter or other laws.
322 (1)(a) The head of the appropriate agency may grant to any
323 employee otherwise disqualified from employment an exemption
324 from disqualification for:
325 1.(a) Felonies for which at least 3 years have elapsed
326 since the applicant for the exemption has completed or been
327 lawfully released from confinement, supervision, or nonmonetary
328 condition imposed by the court sanction for the disqualifying
329 felony;
330 2.(b) Misdemeanors prohibited under any of the statutes
331 cited in this chapter or under similar statutes of other
332 jurisdictions for which the applicant for the exemption has
333 completed or been lawfully released from confinement,
334 supervision, or nonmonetary condition imposed by the court
335 sanction;
336 3.(c) Offenses that were felonies when committed but that
337 are now misdemeanors and for which the applicant for the
338 exemption has completed or been lawfully released from
339 confinement, supervision, or nonmonetary condition imposed by
340 the court sanction; or
341 4.(d) Findings of delinquency. For offenses that would be
342 felonies if committed by an adult and the record has not been
343 sealed or expunged, the exemption may not be granted until at
344 least 3 years have elapsed since the applicant for the exemption
345 has completed or been lawfully released from confinement,
346 supervision, or nonmonetary condition imposed by the court
347 sanction for the disqualifying offense.
348 (b) A person applying for an exemption who was ordered to
349 pay any amount for any fee, fine, fund, lien, civil judgment,
350 application, costs of prosecution, trust, or restitution as part
351 of the judgment and sentence for any disqualifying felony or
352 misdemeanor must have paid the court-ordered amount in full
353 before being eligible for the exemption.
354
355 For the purposes of this subsection, the term “felonies” means
356 both felonies prohibited under any of the statutes cited in this
357 chapter or under similar statutes of other jurisdictions.
358 (2) Persons employed, or applicants for employment, by
359 treatment providers who treat adolescents 13 years of age and
360 older who are disqualified from employment solely because of
361 crimes under s. 817.563, s. 893.13, or s. 893.147 may be
362 exempted from disqualification from employment pursuant to this
363 chapter without application of the waiting period in
364 subparagraph (1)(a)1 paragraph (1)(a).
365 Section 9. Subsection (2) of section 435.12, Florida
366 Statutes, is amended to read:
367 435.12 Care Provider Background Screening Clearinghouse.—
368 (2)(a) To ensure that the information in the clearinghouse
369 is current, the fingerprints of an employee required to be
370 screened by a specified agency and included in the clearinghouse
371 must be:
372 1. Retained by the Department of Law Enforcement pursuant
373 to s. 943.05(2)(g) and (h) and (3), and the Department of Law
374 Enforcement must report the results of searching those
375 fingerprints against state incoming arrest fingerprint
376 submissions to the Agency for Health Care Administration for
377 inclusion in the clearinghouse.
378 2. Retained by the Federal Bureau of Investigation in the
379 national retained print arrest notification program as soon as
380 the Department of Law Enforcement begins participation in such
381 program. Arrest prints will be searched against retained prints
382 at the Federal Bureau of Investigation and notification of
383 arrests will be forwarded to the Florida Department of Law
384 Enforcement and reported to the Agency for Health Care
385 Administration for inclusion in the clearinghouse.
386 3.2. Resubmitted for a Federal Bureau of Investigation
387 national criminal history check every 5 years until such time as
388 the fingerprints are retained by the Federal Bureau of
389 Investigation.
390 4.3. Subject to retention on a 5-year renewal basis with
391 fees collected at the time of initial submission or resubmission
392 of fingerprints.
393 5. Submitted with a photograph of the person taken at the
394 time the fingerprints are submitted.
395 (b) Until such time as the fingerprints are enrolled in the
396 national retained print arrest notification program retained at
397 the Federal Bureau of Investigation, an employee with a break in
398 service of more than 90 days from a position that requires
399 screening by a specified agency must submit to a national
400 screening if the person returns to a position that requires
401 screening by a specified agency.
402 (c) An employer of persons subject to screening by a
403 specified agency must register with the clearinghouse and
404 maintain the employment status of all employees within the
405 clearinghouse. Initial employment status and any changes in
406 status must be reported within 10 business days.
407 (d) An employer must register with and initiate all
408 criminal history checks through the clearinghouse before
409 referring an employee or potential employee for electronic
410 fingerprint submission to the Department of Law Enforcement. The
411 registration must include the employee’s full first name, middle
412 initial, and last name; social security number; date of birth;
413 mailing address; sex; and race. Individuals, persons,
414 applicants, and controlling interests that cannot legally obtain
415 a social security number must provide an individual taxpayer
416 identification number.
417 Section 10. This act shall take effect July 1, 2014.
